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Newsletter on military law and counseling : a supplement to the CCCO military counselor's manual

NOMLAC December 1972 -5-
juries, prosecutors and defense counsels, and that court-martial juries be selected
on a random basis. The panel also proposed that prosecution and defense attorneys
be appointed by judicial authorities in Washington, DC. Under the present set-up,
local commanders appoint prosecutors and defense counsel, causing frequent charges
of command influence in courts-martial.
The 261-page report issued by the task force claimed the military relies too much
on formal tests in selecting men for training schools and jobs. Such tests were
at issue in recent race riots in the Navy. Black sailors have charged the current
testing system relegates them to second-class roles in the Navy.
The task force asked that "job assignments be based on validated tests and indicated interest; that persons be assigned to low status of less desirable jobs only
on a volunteer, or short term rotating basis, where feasible.
Statistics from the report show that blacks are punished proportionately more than
whites. For example, in a survey of bases that were 21% black, 35% of those charged
with felonies and 31% of those charged with such "confrontation" offenses as making
threats or interfering with an MP, were black. Another survey recently supplied
NOMLAC shows that in the past six months 56% of the prisoners at the Ascom, Bupyeong,
Korea, stockade and nearly 70% of those receiving Chapter 10 (AR 635-200) undesirable
discharges there were black.
The panel also recommended that nonjudicial punishment procedures be standardized
among the services and that Article 15 punishment be delayed pending appeal by
the soldier. In addition, the group of five white generals, five black civilians
and four white civilians also recommended that the services consider adopting new
hats to fit over Afro haircuts.
Defense Secretary Melvin Laird convened the task force in April and named Nathanial
Jones, general counsel of the NAACP, and Lt. Gen. Claire E. Hutchin, Jr., commander of the First US Army, as co-chairmen. The panel conducted hearings at bases
around the world and gathered testimony from numerous experts on military justice
(see NOMLAC, June-July, 1972, p. 16-17; Aug.-Sept., 1972, p. 15).
Blacks Get Larger Share of DDs, BCDs
Reinforcing the Task Force on Military Justice's findings that blacks are punished
more often than whites, are recent Pentagon figures which reveal that blacks also
receive a larger percentage of bad conduct and dishonorable discharges. Blacks,
who made up 17% of the Army's strength in 1972 and 14.3% in 1971. received 20.7%
of all BCDs and 32.6 of DDs given in 1972, up from the 19.6% and 25% recorded in
1971. (Army Times, Dec. 13, 1972.)
GIs, Others Busted for Leafleting
Seventeen people, including four active duty GIs, have been arrested for distributing literature on Ft. Lewis, Wash., Army Base. The group was passing out copies
of the Lewis-McChord Free Press, GI underground newspaper, November 10, in front
of the Ft. Lewis NCO club which is on an unrestricted part of the base and accessible to the general public. The Army barred the 13 civilians involved and released the GIs to their companies for disciplinary action by company commanders.
The ACLU, in behalf of the leafleters, is currently filing suit against the Army
challenging the arrests and bar orders. The group feels the recent Supreme Court
Flower decision allowing distribution on a public area of an open base (see NOMLAC,
June-July, p. 9-11) applies to them. It's the first time, however, that active
duty GIs have tested the decision. CCCO is also currently suing the Army for bar

Copyright belongs to the individuals who created them or the organizations for which they worked. We share them here strictly for non-profit educational purposes. If you believe that you possess copyright to material included here, please contact us at asklibrary@wisconsinhistory.org. Under the fair use provisions of the U.S. copyright law, teachers and students are free to reproduce any document for nonprofit classroom use. Commercial use of copyright-protected material is generally prohibited.

Copyright belongs to the individuals who created them or the organizations for which they worked. We share them here strictly for non-profit educational purposes. If you believe that you possess copyright to material included here, please contact us at asklibrary@wisconsinhistory.org. Under the fair use provisions of the U.S. copyright law, teachers and students are free to reproduce any document for nonprofit classroom use. Commercial use of copyright-protected material is generally prohibited.

NOMLAC December 1972 -5-
juries, prosecutors and defense counsels, and that court-martial juries be selected
on a random basis. The panel also proposed that prosecution and defense attorneys
be appointed by judicial authorities in Washington, DC. Under the present set-up,
local commanders appoint prosecutors and defense counsel, causing frequent charges
of command influence in courts-martial.
The 261-page report issued by the task force claimed the military relies too much
on formal tests in selecting men for training schools and jobs. Such tests were
at issue in recent race riots in the Navy. Black sailors have charged the current
testing system relegates them to second-class roles in the Navy.
The task force asked that "job assignments be based on validated tests and indicated interest; that persons be assigned to low status of less desirable jobs only
on a volunteer, or short term rotating basis, where feasible.
Statistics from the report show that blacks are punished proportionately more than
whites. For example, in a survey of bases that were 21% black, 35% of those charged
with felonies and 31% of those charged with such "confrontation" offenses as making
threats or interfering with an MP, were black. Another survey recently supplied
NOMLAC shows that in the past six months 56% of the prisoners at the Ascom, Bupyeong,
Korea, stockade and nearly 70% of those receiving Chapter 10 (AR 635-200) undesirable
discharges there were black.
The panel also recommended that nonjudicial punishment procedures be standardized
among the services and that Article 15 punishment be delayed pending appeal by
the soldier. In addition, the group of five white generals, five black civilians
and four white civilians also recommended that the services consider adopting new
hats to fit over Afro haircuts.
Defense Secretary Melvin Laird convened the task force in April and named Nathanial
Jones, general counsel of the NAACP, and Lt. Gen. Claire E. Hutchin, Jr., commander of the First US Army, as co-chairmen. The panel conducted hearings at bases
around the world and gathered testimony from numerous experts on military justice
(see NOMLAC, June-July, 1972, p. 16-17; Aug.-Sept., 1972, p. 15).
Blacks Get Larger Share of DDs, BCDs
Reinforcing the Task Force on Military Justice's findings that blacks are punished
more often than whites, are recent Pentagon figures which reveal that blacks also
receive a larger percentage of bad conduct and dishonorable discharges. Blacks,
who made up 17% of the Army's strength in 1972 and 14.3% in 1971. received 20.7%
of all BCDs and 32.6 of DDs given in 1972, up from the 19.6% and 25% recorded in
1971. (Army Times, Dec. 13, 1972.)
GIs, Others Busted for Leafleting
Seventeen people, including four active duty GIs, have been arrested for distributing literature on Ft. Lewis, Wash., Army Base. The group was passing out copies
of the Lewis-McChord Free Press, GI underground newspaper, November 10, in front
of the Ft. Lewis NCO club which is on an unrestricted part of the base and accessible to the general public. The Army barred the 13 civilians involved and released the GIs to their companies for disciplinary action by company commanders.
The ACLU, in behalf of the leafleters, is currently filing suit against the Army
challenging the arrests and bar orders. The group feels the recent Supreme Court
Flower decision allowing distribution on a public area of an open base (see NOMLAC,
June-July, p. 9-11) applies to them. It's the first time, however, that active
duty GIs have tested the decision. CCCO is also currently suing the Army for bar